Jackson vs The Colombo Commercial Company – clr volume 2 page 127_2

The case between a plaintiff alleging infringement of its patent for tea-rolling machinery and defendants including both an individual and a company addressed whether a decree issued by the Supreme Court—reversing a district court’s finding and granting injunctive relief—constituted a “final” judgment suitable for appeal to Her Majesty in Council. It was held that such a decree, which adjudicated the question of infringement but did not specify a monetary value for damages, failed to meet the statutory requirements regarding finality and the requisite value threshold under the Courts Ordinance and section 781 of the Civil Procedure Code. The principle reaffirmed is that only judgments or decrees satisfying both finality and a value exceeding Rs. 5,000 may be appealed, unless otherwise prov

REF: clr volume 2 page 127_2 Category: Tag:
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